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November 01, 2017

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The following Indiana Supreme Court opinion was posted after IL deadline Thursday.

Suzanne E. Esserman v. Indiana Department of Environmental Management
49S02-1704-PL-189
Civil plenary. Affirms dismissal of Suzanne E. Esserman's suit seeking damages under Indiana’s False Claims and Whistleblower Protection Act against the Indiana Department of Environmental Management, which fired her after she said she inquired about questionable state expenses. Majority holds Indiana has not abrogated common-law sovereign immunity for non-tort claims premised on the violation of a statute. Justice Steven David dissents, writing the plain language of "employer" covered by the act includes the state.

7th Circuit Court of AppealsUnited States of America v. David Johnson and Reginald T. Walton
15-3830 and 16-1471
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis division. Judge William T. Lawrence.
Criminal. Affirms Reginald Walton and David Johnson’s convictions of honest services wire fraud, wire fraud and conspiracy to engage in money laundering and Walton’s conviction of receiving bribes. Finds their convictions are supported by sufficient evidence. Also finds the district court did not err in instructing the jury. Finally, finds Walton and Johnson’s sentencing enhancements were proper.

Indiana Court of AppealsIrwin McNeil Scott v. State of Indiana (mem. dec.)
71A05-1706-CR-1225
Criminal. Reverses Irwin McNeil Scott’s sentence to an aggregate of 22 years for two counts of failure to remain at the scene of an accident. Vacates Scott’s conviction of one count of failure to remain at the scene of an accident. Finds both of Scott’s convictions for leaving the scene constitute one offense. Remands for resentencing on the remaining convictions.

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